Tag Archives: Return to work

workcover-no-work-reply

Reply to “Trying to Find Empoyment after Workcover”

We have received a reply to our previous anonymously submitted post, by a very generous lawyer!

Hi there. I’m a lawyer practicing in WA.

It seems to me a highly intrusive and potentially discriminatory question to ask a job seeker if they have ever been on Workers Compensation.

In my view employers (even including State Govt employers) who ask this questions as  a matter for course are exceeding the limits of what should be considered an acceptable question, yet this question has become almost standard.  I would very much like to see this issue eliminated from all job application forms as being potentially and (if it can be proven) actually discriminatory.

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workcover-no-work

Trying to find employment after Workcover

The following article was anonymously submitted via our “submit a guest post” section, for which we are extremely grateful. The more injured workers contribute the better!

Injured workers try to get back to work as soon as they can, however they often face hurdles from prospective employers who see them as a risk, indeed.

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Return to work underminded by adversarial workcover NSW

According to its chief executive, getting rid of adversarial relationships that undermine an injured worker’s ability to return to work from the workcover system remains a “big challenge” for the NSW workers’ comp regulator.

The State Insurance Regulatory Authority (SIRA) is focusing on influencing behaviour and culture in the workers’ comp “ecosystem” instead of on compliance and legislation alone, with the latter being “necessary but not sufficient” to achieve more desirable results, according to Carmel Donnelly.

Speaking at the recent 19th annual National Workers’ Compensation Summit in Sydney , she says a “challenging and confronting fact” in injury management is that “people who access injury compensation schemes may in fact have worse outcomes than if they haven’t been entitled to compensation”.

“If you were treated with care and dignify [within a scheme], and that was your perception, you’re more likely to return to work,” Donnelly says.

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Return to work plans & Dispute resolution

We have blogged about return to work plans numerous times, but a general summary may be of use. The essence of this post is that return to work plans that are staged and developed together with the injured worker give injured workers a greater chance to return to work, quickly and safely and in a durable manner. This article also covers the VIC return to work dispute process (dedicated to ‘Porsche47’).

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return-to-work-plan return-to-work-cartoon

Return to work – don’t let your employer talk you into RTW too soon

One of the  most frustrating things about workplace injuries is that injured workers’ employers’ interests (and those of the insurer of course) are very often at odds with the injured worker’s interests. A common example, your employer would like you to return to work as soon as possible. If you’re injured, it’s in your best interest to wait until you are healed and physically (or mentally) ready to handle your job demands. Or else, you could get injured again or never make a full recovery.

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Employer right to direct injured worker to undergo medical assessment

The following Fair Work Commission legal decision has ruled that employers are allowed to seek further clarification where medical clearances provided by (injured) workers are general in nature, or where there are genuine concerns that there is a risk to health and safety if the (injured) worker returns to work. In other words, employers can send you to attend a medical assessment, even with a company doctor!

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painkillers-and-workcover-study RTW-plan-must-be-in-consultation-with-injured-worker-and-doctor